Uninsured Motorist

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What do I do if I have been injured in an auto accident and the other driver is not insured?

Texas law requires those that drive in Texas to carry auto liability insurance to pay for injuries they cause to others. The current minimum liability insurance Texas drivers are required to carry is $30,000 for each injured person.

Many times people are injured in auto accidents where the other driver doesn’t have insurance (about 40% of all drivers) or lacks sufficient insurance to fully compensate them for their injuries. If you or someone you know is facing this situation, there may still be hope. If, in addition to your own liability insurance you also carry uninsured motorist “UM” or underinsured motorist insurance “UIM,” your own insurance should pay for all your damages up to the limits of your policy.

If you are injured in an auto accident caused by the negligence of another driver and the driver is uninsured, your UM policy, assuming you have one, is supposed to pay for your damages so long as you meet the conditions in the policy. On the other hand, if the other driver simply does not have enough insurance to cover your damages, then your underinsured motorist coverage should apply. For example, if your injury claim is worth $100,000 and the other person has a Texas minimum liability policy of just $30,000, the other driver is underinsured as the driver has insufficient insurance to fully compensate you for yourpersonal injuries.

Damages to Which You are Entitled

In an uninsured motorist or underinsured motorist claim, you are entitled to the same money you should have received from the other driver, had the driver been adequately insured. That means you are entitled to a claim for:

Past and future pain and suffering;

Past and future lost wages;

Past and future medical costs;

Disfigurement, and

Possibly more.

Caution:

In uninsured or underinsured motorist claims, you and your insurance company are no longer on the same side. That is, your insurance company will try to settle any claim you have for as little as possible, and in some cases, they will attempt to pay nothing at all. That is why it is important to call a qualified personal injury attorney as soon as possible after your accident.

The attorneys at the Holladay Law Firm will conduct an initial investigation for you, make sure you get the treatment you need, and preserve all the evidence that will be needed to prosecute your claim.